Late last year, the United States District Court of
Nevada handed down a ruling that has significant consequences for companies
engaged in commerce on the internet. In re Zappos, Inc. , 2012 U.S.
Dist. LEXIS 141803 (D. Nev. Sept. 27, 2012) [ an enhanced...
The case of Blythe v. Bell is like the gift that
keeps on giving. It generated two significant opinions last year, and
this week a third and a fourth. The July
2012 opinion was a major e-discovery decision, and the December
2012 opinion addressed...
There are essentially three ways how to structure an
acquisition of a company. The primary methods include a statutory merger or
share exchange; purchase of business assets; or purchase of shares from the
existing shareholders. When purchasing assets...
The language of a preliminary
agreement calling for the parties to negotiate in good faith with a view to
signing a "Definitive Agreement" was sufficient to allow for the
remedy of specific performance of the preliminary agreement. Dr. John...
The Permanent Editorial Board
for the U.C.C. recently issued a report explaining the Code provisions relevant
to the transfer and enforcement of mortgage notes. This report highlights the
particular provisions of Articles 3 and 9 that pertain to who can...
Long time readers of this blog know that you can't designate a case limited to a covenant not to compete to the Business Court. That's the Lifecare case, from 2008, in which Judge Tennille said "every suit based upon a breach of a restrictive...
LexisNexis Overview: Florida public policy that would invalidate waivers
of class actions in cell phone customers' contracts was an obstacle to the
Federal Arbitration Act's objective of enforcing arbitration agreements
according to their terms...
The efforts to disqualify Defendants' counsel were unsuccessful in Atkinson v. Lackey . In denying the motion to disqualify this week, Judge Murphy gave some insight on Rule 1.9 of the Revised Rules of Professional Conduct.
Rule 1.9 is titled "Duties...
You probably remember the earlier opinion in Elliott v. KB Home, Inc. , in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding.
Last week, the Business Court ruled in another...
You've gone through the laborious process of getting a subpoena issued in another state for production of documents. You've had a commission issued by the Superior Court and you've hired out-of-state counsel to get the subpoena.
North Carolina has had more than its fair share of hurricanes over the years, but Hurricane Sandy, which hit New Jersey and New York City, even reached the North Carolina Business Court.
It came in the most mundane of motions, one to expand the word...
Where the debtor is radio or
television station, often the most valuable collateral will be the station's
FCC broadcast license. But FCC licenses pose special problems for secured
parties because of the federal restrictions on assignments and transfers...
by Robert S. Fisher
Enforcing security interests in
tangible personal property depends on the characterization of the goods and the
actual or intended use of the goods. The distinction between
"consumer" and "commercial" characterization...
According to South Carolina law, a mortgage on real property includes the
standing timber unless the mortgage excepts it. The Uniform Commercial Code has
not displaced this common law rule. Specifically, Section 2-107(2) does not...
Earlier this year, I presented a seminar at the Small Business Expo in New York on the top ten mistakes commonly made by start-up founders. Mistake #3 on my list was not paying enough attention to the issues that arise when an entrepreneur starts working...
by Sheila Millar, Tracy Marshall, and Crystal
On December 19, 2012, the
Federal Trade Commission ("FTC" or "Commission") issued
final rule amendments concluding its review of the Children's Online Privacy...
Suppose that an employer in New York State has decided
(for a legitimate, nondiscriminatory reason) to end its working relationship
with a particular worker. Is the employer best off firing the worker outright or, instead, offering the worker
WASHINGTON, D.C.- (Mealey's) Courts must calculate the
amount in controversy in class suits rather than focus on the amount being
sought by a class representative in deciding in which jurisdiction a class
complaint belongs, Theodore J. Boutrous...
The normally impregnable status
of the senior perfected security party is justified by the need to facilitate
the extension of secured credit at reasonable interest rates. But in the case
of buyers in the ordinary course of business, the policies work...
Have you ever received unsolicited advertising in the
form of a text message? These forms of solicitations may be illegal under the
Telephone Consumer Protection Act ("TCPA") which restricts telephone
solicitations and the use of automated...
If a secured party properly
perfects its security interest by filing a financing statement in the
appropriate public office, it can normally be assured that it will prevail over
a lien creditor (including the trustee in bankruptcy) in a fight over...
One of the reasons why many parents strictly regulate
their kids' TV time is because of the advertising that the kids see on TV. A
majority of the TV ads are about food, and they typically do not include the
healthiest food choices. In the country...
If you've been practicing law for more than a few years,
you've undoubtedly been asked to "domesticate" in North Carolina's
courts a judgment entered in another state. A pretty easy task you think,
covered by North Carolina's...
This blog post is "directed to" all website owners and operators whose websites may be "directed to" (the actual term used in COPPA) children under the age of 13 or who actually know that kids access their site. COPPA is the Children's...